Disability Law Commons^™

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

An Intersectional Approach To Homelessness: Discrimination And Criminalization

Marquette Benefits and Social Welfare Law Review

The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …

Activation Measures In Social Security: Lessons From The Dutch Case

Marquette Benefits and Social Welfare Law Review

Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that …

The Prosecution Of Climate Change Dissent

Marquette Benefits and Social Welfare Law Review

A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.

We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …

"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.

E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short

Oklahoma Journal of Law and Technology

No abstract provided.

Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.

We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance …

A Silent Struggle: Constitutional Violations Against The Hearing Impaired In New York State Prisons, Farina Barth

Journal Articles

No abstract provided.

On Nyc’S Paratransit, Fighting For Safety, Respect, And Human Dignity, Britney Wilson

Other Publications

No abstract provided.

Uncomfortably Numb: The Third Circuit Checks State's Forced Medication Policy In Disability Rights New Jersey V. Commissioner, New Jersey Department Of Human Services, Michael Walker

Villanova Law Review (1956 - )

No abstract provided.

State Reform And Respect For The Rights Of The Disabled People: A Reflection On The Olmstead Decision The Case Of New York State, Roseanne L. Flores

Publications and Research

Individuals with serious mental illness are often forced to live in institutional settings which limit their freedom and rights to become fully integrated into the community. The Olmstead v. L.C., 527 U.S. 581 (1999) decision ruled that states must provide individuals with disabilities the opportunity to live in the most integrated settings based on their needs. Since that time several lawsuits have been filed on behalf of individuals with disabilities against states for failing to comply with the Olmstead decision. New York State is one such state. The purpose of this paper is to describe the lawsuit which was brought …

Rrtc On Advancing Employment For Individuals With Idd: State Of The Science Paper – State Level Strategy And Policy, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Since the introduction of supported employment in the Developmental Disabilities Act of 1984 and the Rehabilitation Act Amendments of 1986, there has been continued development and refinement of best practices in employment services and supports. Progress includes demonstration of creative outcomes for individuals with significant support needs, including customized jobs and self-employment, community rehabilitation providers that have shifted emphasis to integrated employment, and states that have made a substantial investment in Employment First policy and strategy. Despite these achievements, the promise of integrated employment has not been realized for many individuals with intellectual/developmental disabilities (IDD). The number of individuals supported …

Life's Hurried Tangled Road: A Therapeutic Jurisprudence Analysis Of Why Dedicated Counsel Must Be Assigned To Represent Persons With Mental Disabilities In Community Settings, Alison Lynch, Michael L. Perlin

Articles & Chapters

This paper will be published as part of a symposium issue of Behavioral Sciences and Law.

Although counsel is now assigned in all jurisdictions to provide legal representation to persons facing involuntary civil commitment, such counsel is rarely available to persons with mental disabilities in other settings outside the hospital. In this paper, we strongly urge that such representation also be made available to this population in community settings. The scope of this representation must include any involvement with the criminal justice system that currently does not fall within the scope of indigent counsel assignment decisions such as Gideon v. …

Alternatives To Immigration Detention, Fatma E. Marouf

Cardozo Law Review

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

Ten Elements Of Organizational Transformation: Strategies For Moving Towards Integrated Employment, Jaimie Ciulla Timmons, John Butterworth, Jonathan Lucus, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This session will share ten key organizational characteristics necessary to strengthen competitive integrated employment outcomes. Get a first-hand look at the RRTC’s Organizational Transformation Toolkit and explore our Provider Employment Leadership Network, a yearlong facilitated Community of Practice of provider leaders in employment. In conjunction with The Arc of the United States, this PowerPoint offers ten essential elements necessary for successful organizational transformation, along with strategies for implementing each element.

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures

2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin

Georgia State University Law Review

This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine at the University of Utah.

Rrtc On Advancing Employment: Bringing Employment First To Scale, John Butterworth, Amie Lulinski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In July 2017, ThinkWork conducted a State of the Science session the The Summer Leadership Institute hosted by The Arc of the United States.

State Of The Science Paper – Engaging Families, Brief Summary, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This brief summarizes a paper (State of the Science: Engaging Families, 2017) that explores the role of families in individuals’ employment outcomes through a scoping literature review, as well as findings from a qualitative study involving family members and individuals.

Guidepost 4: Ensure That Supports Are Outcome-Oriented And Regularly Monitored, Miwa Tanabe, Jaimie Ciulla Timmons, Jennifer Sullivan Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Community Life Engagement refers to how people with intellectual and developmental disabilities (IDD) access and participate in their communities outside of employment as part of a meaningful day. (See “What Is Community Life Engagement?” in the box on page 3.) The Community Life Engagement team has been conducting research to identify the elements of highquality Community Life Engagement (CLE) supports. We have created a series of four Engage Briefs to examine the guideposts in detail.